On February 26, 2026, the third session of the intellectual property consultation center for exporters took place.
A representative of a Belarusian company that uses a trademark in Latin script under a license from a foreign licensor approached the consultation center with a question regarding the possibility of modifying the designation by rendering it in Cyrillic on goods, packaging, and in advertising.
The consultant’s response was based on the provisions of Article 20 of the Law of the Republic of Belarus “On Trademarks and Service Marks.”
According to paragraph 2 of this article, the use of a trademark may be recognized when it is used with minor modifications to individual elements that do not affect its distinctiveness.
Replacing the Latin script of a mark with its Cyrillic version constitutes a significant modification. Minor adjustments in brand usage are acceptable if they do not alter the overall impression. Such adjustments may include changes in font (inclination, size, style). However, replacing Latin script with Cyrillic changes the overall visual impression.
In addition, the licensee must carefully review the license agreement itself. As a rule, foreign licensors who have granted rights to use their trademarks in Latin script in countries where Bashkir, Belarusian, Bulgarian, Russian, Serbian, Tatar, Ukrainian, Chechen, and other languages are used are not interested in “diluting” their marks by using them in Cyrillic. It is unlikely that a foreign trademark owner using Latin script would permit such a significant alteration of its creation.
If the licensee nevertheless wishes to begin using the mark in Cyrillic, it is necessary for the licensor to register its trademark in Cyrillic and grant the Belarusian licensee the right to use it under a license.
Registration of such a Cyrillic mark by the Belarusian licensee in its own name is unlikely, since the application would be rejected due to the similarity of the marks to the point of confusion. This creates a paradox: for the purpose of recognizing trademark use, replacing Latin script with Cyrillic is considered a significant change, yet during examination of a trademark application, Latin and Cyrillic versions of a designation are considered confusingly similar. This is because, in addition to visual (graphic) differences, the applied-for designation is compared with earlier registrations based on two other criteria: phonetic and semantic similarity, not just graphical appearance.
At the same time, for the sake of completeness, it should be noted that if the transliteration of a trademark from Latin into Cyrillic changes the semantic meaning of the designation, the Cyrillic version may be granted protection in the name of another person, although one type of similarity - phonetic - would still remain. However, this nuance is beyond the scope of the question posed.
